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North Port officer cleared in fatal shooting

Police spray paint shows the site where North Port Police Officer Aaron Nick fired multiple rounds at James J.D. Duttman on a rural stretch of Toledo Blade Round on the night of Oct. 22, killing Duttman.

Facts

Investigators found Officer Aaron Nick, a 19-year veteran of the North Port Police Department, justifiably used deadly force when he shot and killed James 'J.D' Duttman on a rural stretch of Toledo Blade Boulevard North of I-75 the night of Oct. 22.

Toxicology reports found that Duttman's blood-alcohol limit was .238, and officers found an opened, half-empty bottle of Montezuma tequila in his car.

According to the State Attorney's Office investigation report, Officer Nick approached Duttman's van at about 10:49 p.m. that night.

Sixty seconds later, Officer Nick fatally shot Duttman.

The State Attorney's Office said Nick's dashboard camera captured video of Nick walking toward Duttman's van. The van's door opened slightly, and Nick backed up, out of the camera's sight.

The report said Nick reappeared seconds later, flashlight raised and his gun drawn, but pointed down.

The van's door opened wider, according to the video, and a hand is visible holding what appears to be a handgun.

Fuzzy audio picked up Duttman asking, “What do you want?” several times.

Duttman was still in his car, facing Nick.

Then, Duttman got out of the car, with what appeared to be a gun in his right hand.

“Put the gun down!” Nick yelled one more time.

Duttman appeared to switch the object to his other hand, which is when Nick shot Duttman twice.

Duttman fell to the ground beside his van.

The legal standard for the use of deadly force is whether the officer “reasonably believed that he was in imminent danger of death or serious bodily injury, and that deadly force was necessary to respond to that threat.”

Nick was placed on paid administrative leave while the Sarasota County Sheriff's Office and the State Attorney's Office investigated the shooting. He will likely return to work within the next week.

<p><em>NORTH PORT</em> - The <a href="https://www.documentcloud.org/documents/842758-fla-state-atty-decision-on-nppds-aaron-nick.html" target="_blank">State Attorney's Office has cleared a North Port Police officer</a> of wrongdoing after he shot and killed an armed man in October.</p><p>Investigators found Officer Aaron Nick, a 19-year veteran of the North Port Police Department, justifiably used deadly force when he shot and killed James 'J.D' Duttman on a rural stretch of Toledo Blade Boulevard North of I-75 the night of Oct. 22.</p><p>Toxicology reports found that Duttman's blood-alcohol limit was .238, and officers found an opened, half-empty bottle of Montezuma tequila in his car.</p><p>According to the State Attorney's Office investigation report, Officer Nick approached Duttman's van at about 10:49 p.m. that night.</p><p>Sixty seconds later, Officer Nick fatally shot Duttman.</p><p>The State Attorney's Office said Nick's dashboard camera captured video of Nick walking toward Duttman's van. The van's door opened slightly, and Nick backed up, out of the camera's sight.</p><p>The report said Nick reappeared seconds later, flashlight raised and his gun drawn, but pointed down.</p><p>The van's door opened wider, according to the video, and a hand is visible holding what appears to be a handgun.</p><p>Nick yelled “Put the gun down, put the gun down! Police, put the gun down!”</p><p>He radioed for backup.</p><p>He yelled again, “Let me see your hands!” and repeated “Put the gun down!”</p><p>Fuzzy audio picked up Duttman asking, “What do you want?” several times.</p><p>Duttman was still in his car, facing Nick.</p><p>Then, Duttman got out of the car, with what appeared to be a gun in his right hand.</p><p>“Put the gun down!” Nick yelled one more time.</p><p>Duttman appeared to switch the object to his other hand, which is when Nick shot Duttman twice.</p><p>Duttman fell to the ground beside his van.</p><p>The legal standard for the use of deadly force is whether the officer “reasonably believed that he was in imminent danger of death or serious bodily injury, and that deadly force was necessary to respond to that threat.”</p><p>Nick was placed on paid administrative leave while the Sarasota County Sheriff's Office and the State Attorney's Office investigated the shooting. He will likely return to work within the next week.</p>